Legal Writing Guide © The Uni Tutor www.theunitutor.

com

Legal Writing

Guide

by

The Uni Tutor

Copyright

This document is subject to copyright. You are not allowed to distribute this document electronically, email it, load it on your
website, or circulate it. You may not alter or edit it in any way, nor may you claim it as your own work or charge for it.

Liability disclaimer

The material contained in this document is general and is not intended as advice on any particular matter, whether it be
business, academic, or legal. The author expressly disclaims all and any liability to any persons whatsoever in respect of
anything done by any such person in reliance, whether in whole or in part, on this publication. Please take appropriate advice
before acting on any information in this document.

© 2012 The Uni Tutor. All Rights Reserved.

Legal Writing Guide © The Uni Tutor www.theunitutor.com

Writing Rules

1. Use Plain Language

"Writing in plain language is just writing in clear, straightforward language. There are
no hard-and-fast rules. There are no international standards or infallible tests. The
main thing to remember is that if what you have written could be unclear or confusing
for your reader, you should rewrite it so that it becomes clear and unambiguous".

2. Use Short and Simple Everyday Works

Use "keep" rather than "retain"; "need" rather than "require".

3. Avoid Legal Jargon

Avoid legal jargon – those archaic words and expressions for which modern English words
can be substituted or which can be left out altogether; for example, "hereinafter","hereunto".

Use terms of art, however, which are short accurate expressions of complex legal ideas like
"tenants-in-common", "fee simple", "consideration".

4. Avoid Foreign Words

Avoid foreign words like "sui juris". We have an alternative – "with legal capacity".

5. Avoid Word Clusters

Use a single word rather that a circumlocutory phrase. Use "under" rather than "under the
provisions of".

If a word that has no substantive meaning can be left out entirely, do so.

Avoid "we should point out that" or

"we refer to previous correspondence and advise that"

6. Use Normal Sentence Structure

Use words in the order in which they would be used in everyday speech:

Avoid Use

Part 4 to the contrary notwithstanding despite Part 4

the lender so far as it has the power so the lender, so far as it has the power
to do [to do so]

without the consent in writing of the without first obtaining the written
lender first had and obtained consent of the lender

© 2012 The Uni Tutor. All Rights Reserved.

Legal Writing Guide © The Uni Tutor www.theunitutor.com

7. Use Positive Statements

State matters positively as positive statements are easier to understand than negative ones:

Avoid Use

the Secretary may not register shares the Secretary may only register
without the consent of the Director shares with the consent of the
Director

regulations not consistent with the Act regulations inconsistent with the Act

shareholders other than those having shareholders having Class A shares

Class B shares may may

persons without a licence may not persons with a licence may

Do not state the negative as well as the positive:

Avoid Use

A and B hold as joint tenants and not A and B hold as joint tenants
as tenants in common

"Listed Company" means a company "Listed Company" means a

that has been admitted to the official company that is on the official list of a
list of a securities exchange and has securities exchange
not been removed from that official list

shareholders other than those having shareholders having Class A shares

Class B shares may may

persons without a licence may not persons with a licence may

Avoid negative words such as "unlike", "hardly", "scarcely".

8. Use Present Tense

Use the present tense in definitions:

Avoid Use

"Member" shall mean an Employee "Member" means an Employee who

who has been admitted to membership has been admitted to membership of
of the Fund the Fund

"Person" shall include a partnership, a "Person" includes a person acting in

company and includes a person acting the capacity of a trustee, a
in the capacity of a trustee partnership and a company

"In-house asset" shall have the "In-house asset" has the meaning
meaning given to it in Regulation 16A given to it in Regulation 16A of the
of the Superannuation Regulations Superannuation Regulations

© 2012 The Uni Tutor. All Rights Reserved.

Legal Writing Guide © The Uni Tutor www.theunitutor.com

Use the present tense where you are providing for an existing situation and for the
consequences of some future event:

Avoid Use

this agreement shall be governed by this agreement is governed by the law

the law of the United Kingdom of United Kingdom

if the buyer shall default if the buyer defaults

9. Use Active Voice

Use active rather than passive voice as it is easier to read, simpler and more concise. It is
also precise because it makes clear who does what. If you use passive voice, you can have
a grammatical sentence but one which does not impose an obligation on anyone.

Avoid Use

shares may be issued by the directors the directors may issue shares

the conclusion was reached by the the judge concluded

judge

proceedings may be commenced for secured creditors may commence

the recovery of money proceedings for the recovery of
money

if the obligations under clause 12 are if the seller does not perform his
not performed on or by the Completion obligations under clause 12 on or by
Date the completion Date

10. Avoid Provisos

Do not use false provisos. The formulae "Provided", "Provided that" or "Provided always" are
generally wrongly used to state an exception or qualification, to introduce the several stages
of consecutive operation or to introduce an inconsistency.

Instead:

(a) substitute "except" or "but" for the proviso:

Avoid use

the Lender may demand payment of the Lender may demand payment of
the loan PROVIDED THAT it may not the loan but it may not do so unless
do so unless the Borrower has failed to the Borrower has failed to make an
make an interest payment interest payment

(b) use a full stop and start a new sentence omitting the proviso:

© 2012 The Uni Tutor. All Rights Reserved.

 the parties will bear their own costs the parties will bear their costs arising
arising out of the preparation of this out of the preparation of this
Agreement PROVIDED THAT they will Agreement. The parties will bear
bear any stamp duty chargeable on equally any stamp duty chargeable on
this Agreement equally this Agreement

(c) recast the sentence:

Avoid Use

all such monies, costs, expenses, all such money, costs, expenses,
outgoings and liabilities shall be added outgoings and liabilities which shall be
to and form part of the principal sum limited to reasonable amounts
and be repayable accordingly reasonably incurred by the
PROVIDED THAT such moneys, Mortgagee, shall form part of the
costs, expenses, outgoings and principal sum and be repayable
liabilities shall be limited to reasonable accordingly.
amounts reasonably incurred by the
Mortgagee.

(d) use "and" instead of the proviso if the ideas being expressed are conjunctive.

(e) if the ideas being expressed are alternatives, divide them into separate clauses or
paragraphs joined by "or" or "and" simply subdivide the text into separate clauses
without any connectives:

Avoid Use

the Trustee may distribute funds the Trustee may distribute funds if:
PROVIDED THAT it has a surplus of
(a) it has a surplus of funds; and
funds and PROVIDED THAT the
(b) the beneficiaries are over 21;
beneficiaries are over 21 and
and
FURTHER PROVIDED THAT no loans
(c) no loans to beneficiaries are
to beneficiaries are outstanding
outstanding

11. Use Precise Words

Be precise in your choice of words and do not rely on context to resolve ambiguities:

Avoid Use

Demise death; lease; conveyance; convey

11.1 Clarify meaning

Choose words which have only one meaning or if words have more than one meaning make it
clear which meaning you intend:

© 2012 The Uni Tutor. All Rights Reserved.

 Avoid Use

Decision court's judgment;

reasons for judgment

New additional; alternate; substitute

11.2 Avoid "he", "she", "him", "her", etc

Do not use "he", "she", "him", "her", "his", "hers", "its", "they", "their", "it" unless there is no
confusion about which party is being referred to:

Avoid Use

the Tenant and the Landlord agree that The Tenant and the Landlord agree
he will make all structural repairs that the Tenant will make all structural
repairs

11.3 Use of "this"

"This" is ambiguous. It can refer to an idea or thing, one word or a whole sentence. Make
sure the reader always knows what "this" means. If in doubt, add the appropriate noun: "this
clause", "this document", "this reasoning".

11.4 Avoid general references

Avoid general references such as to the appointment of a director "under this Deed" if there is
more than one mechanism for appointment.

11.5 Use of qualifying words

Place qualifying words near the expression to be qualified:

Avoid Use

the defendant refused to service the with good reason the defendant
belonging to the man who had insulted refused to service the car belonging
him with good reason to the man who had insulted him

© 2012 The Uni Tutor. All Rights Reserved.

11.6 Use of tabulation

Use tabulation where there are a number of references to which a qualification could relate:

Avoid Use

To the children of X and Y (a) the children of X; and

(when X & Y are not married) (b) Y
or
To the children of:
(a) X; and
(b) Y

11.7 Use of consistent word signals

Use precise transitions such as "if … then" but make sure they are complete.

12. Use Consistent Language

Use the same word or expression for the same concept throughout the document. The reader
will know immediately that you mean the same thing. If you refer to "the contract", do not later
refer to it as "the document", "the agreement" or "the instrument"; if you refer to "a proposal",
do not later refer to it as "a suggestion".

13. Use of "shall", "may" and "must"

Use "must" or "must not" (rather than "shall" and "shall not") to impose a positive or negative
obligation. Use "may" or "may not" when conferring or limiting a right, power or privilege.
Legislation traditionally treats "shall" as establishing a requirement. However, in other
contexts "shall" is read as meaning either "must" or "may" and is therefore ambiguous.

Avoid Use

Notice of appeal shall be lodged within the party may appeal by lodging
14 days notice of appeal within 14 days

he shall receive compensation he is entitled to compensation

14. Avoid "such", "the said", "aforesaid", "same"

There words are rarely seen outside legal documents; they can either be replaced by more
usual words like "the", "that" or "those", or left out entirely.

15. Use of "any", "each", "every" and "all"

Use these words sparingly. Reserve them for emphasis only. In most cases, the words "a" or
"an" can be substituted for "any" and "each":

Avoid Use

© 2012 The Uni Tutor. All Rights Reserved.

 each applicant must complete the an applicant must complete the
prescribed form prescribed form

if the tenant commits any breach of the If the tenant commits a breach of the
Lease Lease

The word "all" can in most cases be deleted without changing the meaning:

avoid use

all shareholders may vote shareholders may vote

16. Use "will" not "shall"

Where it is necessary to use the future tense, use "will" not "shall" unless the documents
speaks in the first person:

Avoid Use

the Developer agrees that it shall the Developer agrees that it will
convene monthly meetings of the convene monthly meetings of the
Development Control Group Development Control Group

17. Use of "and" and "or"

Use the words "and" and "or" carefully.

(a) "X and Y may" can mean:

(1) X and Y together may; or

(2) X by himself and also Y by himself may.

(b) "X or Y may" can mean:

(1) X by himself may, Y by himself may; or

(2) X by himself may, Y by himself may, both X and Y may.

To make the meaning clear use:

(a) the expressions:

"either X or Y or both"
"either X or Y but not both"
"any one of"
"any combination of"
"both of"
"all of"

(b) tabulation:

© 2012 The Uni Tutor. All Rights Reserved.

 Avoid Use

where the seller terminates the where the seller terminates the
contract, the seller may forfeit the contract, the seller may forfeit
deposit and keep all the instalments the deposit and:
paid or sue for damages (a) keep all the instalments paid; or
(b) sue for damages

18. Avoid "and/or"

Never use "and/or" as it is ambiguous. It forces the reader to consider all the alternative
meanings and to guess which one was intended. It is also difficult to read and can lead to
absurdity.

avoid use

the Bank may require the Company the Bank may require the Company or
and/or the shareholders to provide it the shareholders or both to provide it
with security with security

the vendor may sell and/or retain the the vendor may sell the property or
property the vendor may retain the property

19. Use of Singular and Plural

Use a singular legal subject whenever possible to avoid both ambiguity and the inadvertent
creation of joint rights or obligations:

Avoid Use

the parties may terminate this a party may terminate this agreement
agreement by 3 weeks’ notice in by giving to the other 3 weeks’ notice
writing in writing

the directors must disclose their a director must disclose any interest
interests in shares, debentures and in shares, debentures and contracts
contracts

the directors may delegate their the directors may delegate any of
powers to committees consisting of their powers to a committee or
such of their number as they think fit committees consisting of such of their
number as they think fit

If you use the plural, make it clear whether the obligations imposed are joint or several or both:

Avoid Use

A and B agree with C that they will on A and B jointly and severally agree
1 April 1993 pay to C the sum of $5 with C that they or one of them will on

© 2012 The Uni Tutor. All Rights Reserved.

 1 April 1993 pay to C the sum of $5

20. Use Gender-Neutral Language

Our language does not cope very well with the fact that both men and women participate in
society; our language does not make it easy to refer to both male and female genders
together.

To avoid using the alternative form "his or her", try these methods to be gender-neutral in
your writing:

(a) repeating the generic noun:

Avoid Use

the Trustee may pay the amount at his the Trustee may pay the amount at
or her discretion the Trustee's discretion

(b) substituting "a" or "the"

Avoid Use

his or her agent the agent

a prospective employee must submit a prospective employee must submit

his or her resume a resume

(c) select neutral words:

Avoid Use

draftsman drafter

authoress author

poetess poet

(d) recast the sentence in plural:

Avoid Use

the applicant should fill in the applicants should fill in the document
document using his or her own using their own handwriting
handwriting

(e) recast the sentence so that 'you' is the pronoun:

Avoid Use

the applicant should fill in the you should fill in the document using
document using his or her own

© 2012 The Uni Tutor. All Rights Reserved.

 handwriting your own handwriting

21. Spelling

21.1 Macquarie Dictionary

Use the Macquarie Dictionary to check any spellings of which you are unsure.

21.2 Easily confused nouns and verbs

Confusion can arise over the following:

(a) licence (noun) with license (verb):

You must renew your driving licence annually; you will then be licensed to
driven a car.

(b) practice (noun) with practise (verb):

You must renew your practising certificate annually; you will then be entitled to
practise as a solicitor in private practice.

(c) advice (noun) with advise (verb):

In our letter of advice we advised you to…

(d) effect (noun or verb) with affect (noun or verb). Effect used as a noun means a result
or consequence:

'the lad had a sweeping effect'.

Effect used as a verb means to produce, bring about, make happen:

'the lobby group effected a change in the law'.

Affect used as a noun means a feeling or emotion; used as a verb it means either to
influence, act on or produce a change in:

'the law affected police procedures';

or to make a show of or pretend:

'to affect ignorance'.

Avoid Use

to produce an affect to produce an effect (n)

to affect a change in the law to effect a change in the law (v)

to be affected by the change in the law to be effected by the change in the

law (v)

© 2012 The Uni Tutor. All Rights Reserved.

 to effect ignorance to affect ignorance (v)

21.3 Plural Forms

'Data', 'media', 'criteria', 'phenomena' and 'memoranda' are plural forms.

21.4 Titles of Acts, articles, etc

Do not change the spelling of titles of Commonwealth Acts, ordinances or regulations or of

articles or organisations to conform to this guide.

21.5 Clients' and parties' names

Take particular care with the spelling of clients' and parties' names.

22. Use Short Sentences and Tabulation

Use short sentences (preferably no longer than 3 lines) and tabulation to aid clarity. Break
up long sentences into separate clauses and tabulate into paragraphs within clauses.
Clauses and sub-clauses are whole sentences; paragraphs and sub-paragraphs are items
in a list within a sentence. Begin a new clause when you want to cover a new topic. Use
tabulation to help the reader see immediately the structure of a list.

23. Use of General and Particular Words

23.1 General statement followed by specific examples

When a general statement is followed by a number of specific examples anything not

expressly included will be construed as having been intentionally excluded in accordance with
the maxim expressio unius est exclusio alterius:

The statement 'If either trustee is at any time unable to act by reason of death,
disability or absence from the country, the other shall act alone' would be
construed as excluding the resignation of a trustee.

If it is necessary to enumerate particulars, use the expressions 'including but not limited to' or
'including without limitation':

A reference to a person includes a reference to the person's executors,

administrators, successors, substitutes (including, without limitation, persons
taking by novation) and assigns.

23.2 General words following specific words

General words which follow specific words will be construed in accordance with ejusdem
generis rule to be limited to the same class or category as those preceding specific words:

The terms of an easement which permitted access by 'cars, motorcycles,

buses, trucks and other vehicles' would be construed as covering only motor
vehicles and not horsedrawn vehicles.

To avoid the application of the rule use the following expression:

© 2012 The Uni Tutor. All Rights Reserved.

 [general words] including without limitation…

or

another [general word] whether of the same kind as those previously listed or
not.

23.3 Associated words

Be careful with associated words. Where two words or expressions are placed together, one
normally including the other, the general is then presumed not to include the particular:

If reference is first made to 'land and buildings' and then to 'land' the word
'land' by itself does not include buildings.

Conversely, if two ideas are associated in a way that indicates the first is included in
the second a further reference to the second will by implication include the first:

If reference is first made to 'gold and other minerals' and then to 'minerals' the
word 'minerals' includes gold.

24. Use Consistent Numbering

24.1 Recommended system of numbering

Use the following system of numbering and lettering except where there is a reason to depart
from it:

1. Clause (whole sentence).

2. Clause, introductory words:

(a) paragraph; and

(b) paragraph.

3. Heading

3.1 Sub-clause (whole sentence)

3.2 Sub-clause:

(a) paragraph;

(b) paragraph; or

(c) paragraph:

(i) sub-paragraph:

(A) sub-sub-paragraph; or

(B) sub-sub-paragraph; and

(ii) sub-paragraph;

© 2012 The Uni Tutor. All Rights Reserved.

 resuming words of sub-clause.

Example:

11.1 The office of a Trustee becomes vacant if the Trustee:-

(a) being an individual:

(A) becomes bankrupt or makes any arrangement or composition with

creditors generally or;

(B) becomes of unsound mind;

(b) being a company:

(A) an official manager is appointed pursuant to the Corporations Law; or

(B) a meeting of the Trustee's creditors is called.

11.2 The Trustee…

24.2 Introductory words of clause or sub-clause

The introductory words of a clause or sub-clause, before a series of paragraphs, end with a
colon(:).

24.3 Paragraphs

Each paragraph starts with a lower case letter and ends with a semicolon(;).

24.4 List of paragraphs

An 'and' or 'or' appears at the end of the second last paragraph in a list depending on whether
the paragraphs are cumulative or alternatives.

24.5 Introductory and resuming words of clause

Words in each paragraph must be consistent with the introductory and resuming words of the
clause or sub-clause.

24.6 Beyond sub-sub-paragraphs

Avoid dividing text beyond the level of sub-sub-paragraphs.

25. Cross-References

Make any cross-references as specific as possible. If clause 10 can only affect clauses 30
and 31, make clauses 30 and 31 'subject to' clause 10 or rewrite clause 10 to refer to
clauses 30 and 31. However, in some cases, you may want or need to use 'blanket'
provisions such as 'subject to this deed' or 'despite any other provision to the contrary'. Use
these carefully as they may allow unintended interpretations of the document. You may find
it an aid to clarity to put references to clauses and schedules in bold type (which can be
removed in the final version).

© 2012 The Uni Tutor. All Rights Reserved.

 In referring to other provisions in a document:

Avoid Use

if the landlord serves a notice under if the landlord serves a notice under
sub-paragraph (iv) of paragraph (c) of clause 23.1(c)(iv)
sub-clause 1 of clause 23

26. Headings

Use headings to indicate the content of each clause. Headings should be short and should
describe but not summarise the provisions to which they relate. State in the interpretation
clause that headings are for reference only and do not form an integral part of the document.

27. Punctuation

Use punctuation consistently and correctly to make the document easier to read. However,
the meaning should be clear even if the test is unpunctuated.

28. The Full Stop (.)

A full stop is used to mark the end of a sentence that is a statement or command, or after a
sentence containing an indirect question:

We have decided to go to Manly.

Please wait for our Melbourne office to reply.

In acronyms and abbreviated names of widely known organisations full stops may be omitted:

AMA MDU

29. The Ellipsis (…)

Three spaced stops are used to show that words have been omitted from a quoted passage:

'every juror … must before being empanelled … make and subscribe … an oath
of allegiance'.

If the ellipsis comes at the end of a sentence, it should be followed by the punctuation
normally required.

30. The Question Mark (?)

A question mark follows a direct question:

Have you received the contract yet?

After a question of courtesy a full stop suffices:

Will you please sign the contract where indicated and return it to us.

© 2012 The Uni Tutor. All Rights Reserved.

31. The Comma (,)

Commas separate clauses, phrases and words in sentences, in order to direct the reader to
their correct relationship. They indicate necessary pauses for breath and control the fall of
emphasis in the sentence. The modern tendency is to use no more commas than is essential
for clarity.

Use a comma to separate long coordinate clauses joined by 'and', 'but', 'for', 'or', 'nor' or 'yet':

They feel more and more the heavy burden of steadily advancing years, and
would like to find a smaller house.

However, short coordinate clauses do not require a comma:

I haven't looked into the matter and I don't intend to. Your firm may act for such
clients but ours would not.

When enumerating items in a sentence, use commas to separate all but the last:

By next year we will need 3 additional solicitors, a good experienced librarian, 2

senior secretaries, another receptionist and some kind of filing clerk.

A comma is needed to separate introductory clauses or phrases from the main clause in the
sentence:

Having said that, I shall not refer to the matter again.

As it is so long since you visited us, I think you should stay overnight.

A comma is not needed when the introductory phrase is very short and no misreading is
possible:

Within seconds you will have the remainder of the documents by facsimile.

Adverbial clauses following the main clauses are not normally set off by a comma:

Compare: Having said that I will not refer to the matter again.

Having said that, I will not refer to the matter again.

Compare: The communists say the coalition parties are likely to win the next
election.

The communists, say the coalition parties, are likely to win the next
election.

Commas should be used to mark off direct quotations and to separate clauses or phrases that
come between the subject and the verb, or to make expressions that function as 'asides':

This, by coincidence, was the beginning of a far more mysterious chain of

events.

© 2012 The Uni Tutor. All Rights Reserved.

 His Honour commented, 'In my opinion, this is the most outrageous application
of the Noxious Weeds and Infestive Vermin (intermediate) Regulations 1936 that
it has ever been my misfortune to hear'.

Mary Smith, the well-known writer, was also included in the New Years Honours
List.

Commas should be used to separate names from titles and occupations:

Captain Cook, RN.

John, Duke of Norfolk

32. The Semicolon (;)

The semicolon separates parts of a sentence that require a stronger break than that marked
by the comma but are too closely related to be broken into separate sentences:

The company will not fail; it will continue regardless of the bankruptcy of two of
its directors.

The past is a different country; they do things differently there.

A semicolon is used to separate main clauses joined by 'however', 'accordingly', 'moreover',

'thus' and other conjunctive adverbs:

Judgment has been given in the negative; thus, we shall have to reform our
habitual practice in the matter.

Your survey confirms the need for rented computer services; we disagree,
however, that our client lacks the flexibility to provide such service.

A semicolon is used to separate more clearly phrases that are already punctuated with
commas:

The practice of Medicine is an art, not a trade; a calling, not a business; a

calling in which your heart will be exercised equally with your head.

A semicolon is used to separate parallel clauses where the connecting conjunction is omitted:

To be poor and not complain is difficult; to be rich and not complain is easy.

33. Quotation Marks (' ')

Use single quotation marks (' ') to enclose the exact words of a writer or speaker, whether or
not these form a complete sentence. Double quotation marks (" ") are only used for a
quotation within a quotation:

'Yes, that is the situation', she replied.

I refer you to what the biographer of Mme Curie calls 'this entrancing story of
her strange experience in Poland under Russian Tsar, "born in servitude and
chained in our cradles"; of gay dancing days and sleigh rides; of secret society

© 2012 The Uni Tutor. All Rights Reserved.

 for patriots and "exile to the frozen plains of Siberia" waiting for anyone who
was found out.'

Our client's message read, 'Please ignore the wording "No correspondence will
be entered into" in the terms and conditions of the Beauty Contest.'

Quotation marks should not be used to enclose an indirect quotation:

Mary said she thought it would rain.

However, quotation marks may be used to distinguish one or more words to show that
they are given exactly as in the source:

The 1924 Act provides that is the 'duty' of every elector to record his vote at
each election.

The Bureau noted the approach of 'very unsettled' weather.

Use single quotation marks to set off colloquial words, words use facetiously, nicknames,
slang, coined expressions and technical words when you wish to draw attention to their
technical usage:

Economists describe this as the 'gross national product'.

Enclose in quotation marks the titles of articles, essays, chapters and sections of books.
(Titles of whole books and separately published monographs should be in italics):

I refer you to chapter 'Population and Economic Structure' in CDG Cole ad

Raymond Postage: The Common People 1746-1964.

At the end of a quotation, put comma or stop inside the quotation mark, a semicolon or colon
outside the quotation mark and an exclamation point or question mark inside or outside,
depending on whether it is your punctuation (outside) or part of the original passage quote
(inside):

When I say 'We know,' that is how I understand the evidence; you may view it
differently.

It is said, 'Very well, there go their dividends'.

The distinction is conveniently expressed by the terms 'fixed capital' and

'circulating capital'; the latter must be the subject of entry in the Profit and Loss
Account.

He shouted 'Stop, thief!' but the robber got away.

'Am I my brother's keeper?' he asked.

When a quotation is broken by 'he said' or a similar expression, the interruption is normally
preceded and followed by a comma. The punctuation should always, however, be kept as
close as possible to the original. If the original contained a colon, semicolon or a dash at the
break point, that punctuation is retained within the quotation mark; but where the original had
a full stop it is replaced with a comma and the full stop moved to the end of the interruption. A
capital letter then follows after the next quotation mark:

© 2012 The Uni Tutor. All Rights Reserved.

 'I might have evaded the question,' he said, 'if only I had gone to Ireland.'

'The Governor shall appoint a Board of three persons,' reads the Scotish Act,
'the Registrar of Companies or his deputy to be the Registrar of the Board.'

'Consumer spending on durables was up 1 per cent," the report said.

'Net exports declined,' [Where the original reads: Consumer spending on

durables was up 1 per cent. Net exports declined].

If the matter is quoted, it should be reproduced exactly even if it contains errors. Insert 'sic'
or editorial comments within square brackets:

'The child's essay began: 'My family lives in London but we used to live in
Milton Kaynes [sic] which is much smaller.'

34. The Colon (:)

The colon marks a pause or degree of separation somewhat shorter than that marked by a
full stop.

A colon directs attention to the statement that follows it. It is a strong mark of punctuation and
signals that everything that follows is an amplification, elaboration or itemisation of the
statement that goes before:

Our client stocks all sizes: small, medium, large and extra large.

There was only one word for it: catastrophic.

This is the company's plan: to open a new factory in Alice Springs and save
the cost of transporting goods to the outback.

35. The Apostrophe (')

Use an apostrophe to create the possessive form of a noun:

seller's belonging to one seller

sellers' belonging to more than one seller
the Trustee's duty the duty of the Trustee

Do not use an apostrophe to form possessive of pronouns:

its belong to it
yours belonging to you
theirs belonging to them
whose belonging to whom
ours belonging to us
hers belonging to her

Use an apostrophe as a substitution for a letter or letters:

it's it is
you're you are

© 2012 The Uni Tutor. All Rights Reserved.

 don't do not

but as a rule do not use contractions in legal writing.

If a word is already plural – e.g. men, children – the apostrophe precedes the final 's': e.g.
men's shoes, children's playground; but if the word already ends in 's the apostrophe follows:
e.g. employees' pensions, boys' gymnasium, the Smith' departure for Europe.

Words in the singular, including names, that end in 's' should normally be written with an
apostrophe 's' in the possessive case:

St Mark's Church
Miss Simple's curriculum vitae

In the case of certain ancient classical names and of names ending in 'ses', 'sus', the final 's'
is commonly omitted. Thus:

Moses' Law; Jesus' teachings; Ulysses' adventures;

Sophocles' tragedies; Xerxes' campaigns.

Where the sense of the noun is adjectival rather than possessive (i.e. where the
expression might be replaced by a 'for' phrase) no punctuation is required:

a boys high school; the Teachers Training College; visitors book; National
Aborigines Week; owners manual.

There is an increasing use of the apostrophe for names of cities and countries and
institutions:

Melbourne's weather; Indonesia's army; Channel Seven's sports coverage;

Friday's entertainment.

36. The Hypen (-)

Hyphens have a variety of uses in joining words or parts of speech to form compound
expressions.

As a general rule, compounds should only be hyphenated when the combination alters
the meaning of any part. If in doubt, consult the dictionary.

Many words that form a compound name or office are hyphenated:

son-in-law; Vice-captain

Hyphens form compound adjectives, for clarity, before a noun:

a white-collar crime; an ill-conceived project

When these expressions are reversed and no noun follows, the hyphen usually disappears:

The project was ill conceived.

Compounds containing an adverb ending in "ly" are not hyphenated:

© 2012 The Uni Tutor. All Rights Reserved.

 a fully packed contained; an alphabetically arranged index

Avoid the 'suspension hyphen' unless it is impossible to express the idea in any other way:

Rewrite 'full and half-fare tickets' as 'full-fare and half-fare tickets'.

Use a hyphen to separate the same vowels in consecutive syllables:

re-enlist; pre-empt; re-entry

and to prevent other confusions:

bell-like (not belllike); teach-ins (not teachins).

Use a hyphen to avoid confusion between similar words:

recover, re-cover; reform, reform

Hyphenate compound numbers from twenty-one to ninety-nine and all fractions. No more
than one hyphen should be used in expressing a fraction.

forty-six participants
four twenty-fifths
three hundred and twenty-four dollars
ninety-nine hundredths
twenty-four sixty-eights

37. The Dash ( - )

A dash, like a colon, is a strong mark of punctuation. It may signal several different intentions
and should therefore be used sparingly in legal writing, but it can be used to add colour and
emphasis.

A dash may be used in place of a bracket to signal an afterthought or sudden change of

thought:

What we meant was – buy why rake over old coals? – that you should have
insured against fire.

The Land Rovers – I am reluctant to admit that there were three of them – all
came round the bend on the wrong side.

For emphasis or clarity, use dashes instead of commas to set off explanatory phrases,
summary statements and rhetorical repetitions; especially when the summary is introduced by
all of these:

He predicted that the unemployment rate then prevailing – around 6.5 to 7% -

might turn out to be the lowest it would ever be.

The strike will have serious effects for everyone – effects upon transport
workers, upon service employees, upon employment in related trades.

New products, new markets, new jobs, increased leisure – these acts are the
promises of the electronic revolution.

© 2012 The Uni Tutor. All Rights Reserved.

38. Parentheses ( )

Curved brackets may be used in the same places as dashes. They give the expressions
within them the effect of 'asides' or how-voiced explanations. Punctuation marks follow them
just as they would have followed in the sentence without the parentheses:

There was no book of account (except the stock journal, to which I will refer
presently) showing the quantity or value of the cotton in the mill at any one
time.

They can improve the quality of our existing services (this statement is
especially true for smaller banks).

39. Brackets [ ]

Square brackets are used by a writer to enclose his own corrections or explanatory remarks in
a quoted passage:

Said Mr Griswold, 'They [the Banks] just don't have enough work to keep their
machines busy 24 hours a day'.

They may also contain an omitted word or the correct spelling of a misspelt word.

They are also used in the citation of cases where the year indicates the volume.

They should be used with [sic] indicating an error in a quotation not the responsibility of the
transcriber.

40. Definitions

Use definitions sparingly and to avoid:

(a) tedious repetition of detail; and

(b) ambiguity caused by using different words or expressions throughout the document
for the same person or thing.

Do not define words or expressions that are used with their ordinary meaning and do not
define terms that occur only once or infrequently in a document.

Usually definitions should be listed alphabetically in a definitions clause at the beginning of a

document. However, if a term which is necessary to define is referred to only in one part of
the document, the definition should be given in that part.

Number of letter the individual definitions:

In this Agreement unless otherwise indicated by the context:

(a) 'Child' includes a step-child, an ex-nuptial child and an adopted child.

(b) 'Subsidiary Company' means a company in which the Employer has a

controlling interest.

© 2012 The Uni Tutor. All Rights Reserved.

 In the definitions clause each definition should begin with a capital letter, be enclosed in single
quotation marks and be in bold type. In the rest of the document a definition should simply
begin with a capital letter.

In a long document you should begin the definitions clause by stating that 'In this
Agreement/Deed unless otherwise indicated by the context:'

Definitions should be in the present tense:

Avoid Use

shall mean means

shall include includes
shall be is
means and includes means

If a definition is stated as X Y and Z, the meaning includes all 3 elements. If a definition is X Y

or Z, the meaning may be any one of the 3 alternatives.

Do not insert substantive provisions into a definition:

Avoid Use

'Completion Date' means 'Completion Date' means

1 April 1993 on which date 1 April 1993
the Buyer must pay the balance
of the purchase price.

41. Capitals

Use capital letters sparingly. Do not capitalise common words such as bill, departmental,
judgment, solicitor, seller, lender, statutory, ministerial, government, parliament, federal, law,
regulation, by-law, clause, paragraph, section, page.

Use capitals for:

(a) Names and titles of specific persons and institutions:

John Fahey; the Prime Minister; the Australian Securities Commission;

(b) Nationalities and religions and racial descriptions:

Australian, Aboriginal, Protestant, Caucasian;

(c) Names of places:

New South Wales; Sydney; the Botanical Gardens;

(d) Terms of address:

Mr, Mrs, Miss, Ms, Dr, Mr Justice, Her Honour;

(e) Proprietary names and trade marks:

Wang; Hoover;

(f) Days of the week, months of the year, ceremonies and historical periods:
Monday, March, Easter, Anzac Day, the Vietnam War;

© 2012 The Uni Tutor. All Rights Reserved.

 (g) Defined term:
the Company, the Borrower.

Major headings should be set entirely in capitals. For other headings, capitalise the first
letter of the word and then only the words which would be capitalised in the text:

Avoid Use

Effect of Termination Effect of termination

Manner of Payment Manner of payment

Time of the Essence Time of the essence

In citing Acts, use the titles as they appear in statute books: Conveyancing Act, Corporations
Bill.

International treaties, agreements and government programs should be capitalised when

given in full: 'the Treaty on the Non-Proliferation of Nuclear Weapons', the First Home Buyers
Scheme'.

Newspapers, journals and periodicals should be capitalised:

The Sydney Morning Herald

The Australian
The Bulletin

Do not capitalise the names of:

(a) Legal documents such as contracts, leases, deeds, agreements, transfers,

interrogatories, affidavits unless:

(1) They have been defined: 'this Agreement'; or

(2) A particular document is being specifically referred to: 'Please sign both
copies of the Lease where indicated and return the copies to us.'

(b) Parties unless they have been defined: the company, the seller, purchase, vendor,
the vendor's solicitor.

42. Abbreviations

Use abbreviations sparingly but correctly. Abbreviations are more frequently used in
catalogues, business forms and technical writing than in ordinary business correspondence
and reports. For the correct form of an abbreviation, consult your dictionary.

Use the following abbreviations:

before proper names: Mr, Mrs, Dr, Messrs

after names: Esq, FRACP
with hours, dates or numerals: am, pm, BC, AD, No.

Other, less common abbreviations may be used provided they are known to the reader or are
initially defined for him:

© 2012 The Uni Tutor. All Rights Reserved.

 Technical terms: GST (Goods & Services Tax); CGT (Capital Gains Tax).

Organisational names: AMA (Australian Medical Association); MDU (Medical

Defence Union).

43. Use Numbers

43.1 All numbers should be in figures only:

Avoid Use

Six directors 6 directors

Nine thirty am 9.30 am

Nine o'clock 9 o'clock

Five minutes past nine in the morning 9.05 am

Eighteen years old 18 years old

Five dollars and eight cents $5.08

Nine per cent 9%

Six kilograms 6 kilograms

2
10 square metres/sqm 10m

Thirty thousand dollars ($30,000.00) $30,000.00

43.2 The exception to this is when numbers begin a sentence.

Avoid Use

3 directors constitute a quorum Three directors constitute a quorum

$200 is the full amount The full amount is $200

43.3 Monetary amounts

The following forms should be used for monetary amounts in text:

$1 $1,000 10c 99c $1.01 $1.50 $10,234.05

43.4 References to part of a document

Use figures when you are referring to a part of a document which is itself identified by a
number:

Avoid Use
Clause five Clause 5

© 2012 The Uni Tutor. All Rights Reserved.

43.5 'First', 'Secondly', 'Thirdly''

The correct sequence is 'First', 'Secondly', 'Thirdly'.

43.6 Units of measurement

Use metric not imperial units of measurement.

43.7 Fractions

Express fractions as decimals:

Avoid Use
1/4 0.25
14 3/4 14.75
43.8 Years and spans of years

Years and spans of years should be expressed in the following terms:

Avoid Use
1980-88; 1980-8 1980-1988
The 80's; eighties The 1980s
The 18th century The eighteenth century
43.9 Dates

Dates should be expressed:

(a) In full in the form: 1 April 1993;

(b) In figures in the form: 1.4.93.

However, the following are also appropriate forms:

The returns must be filed by 30 June each year.

The matter was set down for hearing on 1 April 1993 but was settled on the
14th.

The borrower must pay the mortgage on the tenth day of each month.

© 2012 The Uni Tutor. All Rights Reserved.